Terms of Use / User Terms & Condition

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS APPLICATION. These UDRIVERS APPLICATION TERMS AND CONDITIONS OF USE (“Terms”) set out the terms and conditions between the end user (“you”) and Universal Allianze Private Limited (“Company”) with respect to the download, access, and use of the UDRIVERS APPLICATION (“UDRIVERS”) provided by the Company. Additional terms and conditions may be applicable to other services provided by the Company in connection with or in relation to UDRIVERS; please consult the Company’s website or the app for further terms and conditions with respect to these other services. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT ACCESS OR USE ANY PART OF THIS APPLICATION.

1. Consent to These Terms

1.1

 UDRIVERS shall only be used in accordance with these Terms.

1.2

 By downloading, installing, or using UDRIVERS on your smartphone or other device (“Device”), you thereby expressly agree to be bound by these Terms (“Agreement”).

1.3

 IF YOU DO NOT CONSENT TO THESE TERMS, PLEASE, IMMEDIATELY, CEASE THE USE OF UDRIVERS AND DELETE OR UNINSTALL UDRIVERS FROM YOUR DEVICE.

2. Amendments to These Terms

2.1

The Company may, from time to time and at its sole discretion, update, revise, alter, or otherwise amend all or any portion of these Terms at any time, with or without prior notice. In such an event, the amended terms (“Amended Terms”) will be made available on UDRIVERS, a Company-operated website, an affiliated company website, or other such place as the Company deems appropriate.

2.2

 If you do not agree to the Amended Terms, you shall immediately cease the use of UDRIVERS and delete or uninstall UDRIVERS from your Device.

2.3

 If you continue to use UDRIVERS after the Terms have been amended, you will be deemed to have agreed to such Amended Terms. It is your responsibility to review the latest Terms from time to time prior to using UDRIVERS.

3. UDRIVERS Services

3.1

 The Company will provide the following information and services to you through UDRIVERS, its website, push notifications, and/or text or email messages:

(a)

 Information relating to the Company.

(b)

 Information relating to promotion(s).

(c)

 Relevant information and services if you are a User as set out in the User T&C or a Business as set out in the Business T&C.

(d)

 Other information and advertisements.

3.2

 Information and services provided in UDRIVERS may be free or made available for a fee. Any such fee shall be communicated to you for your acceptance prior to the provision of such information or service.

3.3

 In providing UDRIVERS, the Company may include advertisements or surveys in UDRIVERS via push notifications, and/or text and email messages distributed to you.

3.4

 UDRIVERS may collect your location data and send you notices by way of push notification associated with such location data.

3.5

 If you do not wish to permit such use of push notifications, text messages, or location data, you may change this setting through UDRIVERS on the Device. IF YOU DO SO, YOU ACKNOWLEDGE AND ACCEPT THAT YOU MAY NOT BE ABLE TO FULLY ENJOY THE FEATURES OF UDRIVERS.

4. Use of UDRIVERS

4.1

 You shall only use UDRIVERS in the manner prescribed by the Company and, at all times, in accordance with these Terms.

4.2

Each account shall not be used on more than one instance of UDRIVERS at any time. Each device shall not have more than one account and one instance of UDRIVERS active at any time.

4.3

 If you are a User, UDRIVERS may be used for personal use only and shall not be used for any other purpose (such as for the purpose of sales, distribution, or development).

4.4

 If you are a Business, UDRIVERS may be used for the purposes of providing the services set out in the Business T&C only and shall not be used for any other purpose (such as for the purpose of sales, distribution, or development).

4.5

 You shall only use UDRIVERS on an “as is” basis and you shall not reproduce, amend, vary, modify, recompile, reverse engineer, or commit or cause to commit any such similar conduct.

4.6

 You shall be responsible for and shall bear all costs arising from or in connection with any installation, set up, and/or maintenance related to the use of your Device, including access and use to any requisite software, communication line(s), and/or any other procedure necessary for the use of UDRIVERS.

4.7

 UDRIVERS, in whole or in part, may only be used by Users or Businesses who satisfy the conditions (such as verification of identity and user information or other conditions) deemed necessary by the Company. By using UDRIVERS, you agree to such conditions and warrant and represent that you have not provided and will not provide any false information in order to satisfy these conditions.

4.8

 BY USING UDRIVERS, YOU EXPRESSLY AGREE THAT YOU HAVE READ THROUGH THE COMPANY’S (“DATA PROTECTION POLICY“), AND CONSENT TO THE COMPANY COLLECTING, USING, DISCLOSING AND/OR TRANSFERRING YOUR PERSONAL DATA IN ACCORDANCE AND FOR THE PURPOSES SET FORTH THEREIN.

5. Ownership

5.1

 You acknowledge and agree that UDRIVERS is provided to you under a non-exclusive license, and is not sold to you. You do not acquire any ownership interest in UDRIVERS under these Terms, or any other rights thereto other than to use UDRIVERS in accordance with the non-exclusive license granted, and subject to all terms, conditions, and restrictions, under these Terms. The Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to UDRIVERS, including all copyrights, trademarks, trade secrets, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

5.2

 You shall not remove, delete, alter, copy, reproduce, use, or obscure any trademark, copyright, patent, or other intellectual property or proprietary rights or notices from UDRIVERS, including any copy thereof.

5.3

 The Company grants you a non-exclusive licence to use the contents provided by the Company through UDRIVERS for personal use which is within the permitted scope of use of UDRIVERS. The Company does not, however, transfer to you any ownership rights or any other similar rights which permit you to use, profit from, or dispose of the contents provided by the Company, nor does it acknowledge that you have any such right.

5.4

 You agree that you shall have no claims for any damages or indemnity against the Company in relation to any of the contents of and their use in UDRIVERS.

6. Registration of Information

6.1

 You shall register information relating to yourself or your business in accordance with the User T&C or Business T&C as appropriate before using UDRIVERS (the registered information shall be referred to as “Registration Information”).

6.2

 When registering the Registration Information, you shall provide the Company with true and accurate information. If there are any errors in or changes to your Registration Information, you shall be responsible for promptly amending the Registration Information.

6.3

 The Company will provide the services relating to UDRIVERS based on the Registration Information. The Company shall not be liable for any loss that you may suffer arising from any false, inaccurate, incomplete, or out of date Registration Information.

7. Collections of Additional Information

7.1

 In addition to the Registration Information, the Company may collect information from your Device, including but not limited to information obtained by GPS or Cookies, for the purpose of providing various functions of UDRIVERS and services. The Company will handle such information appropriately in accordance with its Data Protection Policy. BY USING UDRIVERS, YOU EXPRESSLY AGREE THAT YOU HAVE READ THROUGH THE COMPANY’S DATA PROTECTION POLICY, AND CONSENT TO THE COMPANY COLLECTING, USING, DISCLOSING AND/OR TRANSFERRING YOU PERSONAL DATA, INCLUDING PERSONALLY IDENTIFIABLE INFORMATION AND NON-PERSONALLY IDENTIFIABLE INFORMATION IN ACCORDANCE AND FOR THE PURPOSES SET FORTH THEREIN.

8. Restrictions

8.1

 In using UDRIVERS, you shall not commit any of the following acts:

(a)

 Using UDRIVERS in a manner that is not approved by the Company.

(b)

 Using UDRIVERS for business or profit if you are a User.

(c)

 Any act which affects the intended operation of UDRIVERS.

(d)

 Impersonating a third party to use UDRIVERS.

(e)

 Any act which infringes or may infringe the Company’s or any third party’s intellectual property rights such as copyright, trademark, or patent; right to privacy; right of publicity; or reputational right.

(f)

 Any act which violates the law, these Terms or the public order.

(g)

Any other act which the Company in its absolute discretion deems to be inappropriate.

9. Breach of Use

9.1

The Company may take steps such as deleting, terminating, or suspending all or any portion of your access to or use of UDRIVERS or other Company information, with or without notice, if the Company, in its sole discretion, deems that any of the following has occurred or may occur in relation to you:

(a)

 If you breach any provision of these Terms

(b)

 If it is found that all or part of the Registration Information provided to the Company is false

(c)

 If you are a User, in the event of your death or if you lack legal capacity.

(d)

 If you are a Business, in the event of your liquidation, striking-off, or entry into judicial management or receivership.

(e)

 If you do not respond to any Company inquiry with respect to the validity of your Registration Information within thirty (30) days of such request.

(f)

 If the Company, in its absolute discretion, determines you have some form of involvement with an organised crime group such as being a member of such group, assisting in the maintenance of such group through provision of funds or otherwise, or cooperating with or being involved in the operation or management of such group

(g)

 If the Company, in its absolute discretion, determines you have used or attempted to use UDRIVERS for unlawful purposes.

(h)

 If the Company, in its absolute discretion, deems it necessary for the operation, maintenance, and management of UDRIVERS.

(i)

 If the Company, in its absolute discretion, deems there are other grounds similar to the foregoing.

9.2

 If the Company determines that you fall or may fall under any of the provisions under Clause 9.1, above, or otherwise deems it necessary to do so, it may request that you cease any such breach and you agree to comply with such request within the timeline specified by the Company.

9.3

 The Company shall not be liable for any loss suffered by you arising from any steps or measures taken by the Company in accordance with this Clause 9

10. Third Party Websites

10.1

 Unless otherwise specified to the contrary, the websites for which links are provided in UDRIVERS (“Other Websites”) and which domain names differ from the Company’s domain name are not managed by the Company. The Company shall not be liable for any contents or any other matters arising from or relating to the Other Websites.

11. Confidentiality

11.1

 You shall keep confidential all information relating to UDRIVERS designated as confidential by the Company unless the Company gives its prior written consent.

11.2

 Upon the Company’s request, you shall promptly return or destroy the information set out in Clause 11.1 and any document or other recording medium which contains or records such information and any copies of the foregoing in accordance with the Company’s instructions.

12. Disclaimer and Limitation of Liability

12.1

 The Company makes no express or implied representations or warranties with respect to UDRIVERS, including any representation or warranty that: any product, service, content, or information provided through UDRIVERS is free from error, bug, defect, or security issue; any product, service, content, or information provided through UDRIVERS does not infringe on any third party’s rights; any product, service, content, or information offered through UDRIVERS has the features and commercial value that you expect; any product, service, content, or information offered through UDRIVERS; that any product, service, content, or information offered through UDRIVERS is merchantable or fit for a particular purpose; or that that any product, service, content, or information offered through UDRIVERS complies with laws or internal regulations of your jurisdiction.

12.2

 The Company makes no representations or warranties that UDRIVERS is compatible with all Devices. You agree that there may be malfunction of UDRIVERS when, for example, the operating system for your Device is updated. The Company does not make any representations or warranties that any update or program repair carried out by the Company will resolve such malfunction.

12.3

 You agree that the use of UDRIVERS may be restricted in whole or in part if there are amendments to applicable laws or the terms and conditions of use or operational policies of application stores such as Apple’s AppStore and Google’s PlayStore.

12.4

 If there are any disputes between you and a third party in relation to your use of UDRIVERS, you shall, immediately, notify the Company and resolve any such dispute at your sole cost and expense, if any. You agree the Company shall not be obligated to be involved in any such dispute and shall have no liability whatsoever.

13. Indemnification

13.1

 If the Company suffers any direct or indirect loss arising from or connected to your use of UDRIVERS or any breach of these Terms (including any loss arising from or connected to any claims made by any third party against the Company arising from or related to such use or breach), you shall indemnify and hold the Company harmless from all such losses (including all attorney’s fees, costs of experts and other labour costs incurred by the Company in handling the issue).

13.2

 Unless caused solely by the Company’s wilful misconduct, the Company shall have no liability whatsoever for any loss suffered by you or any third party arising from or related to any network failure, defect, failure of any system device, or the use of UDRIVERS. Provided that the Company’s liability, if any, shall be limited to ordinary and direct loss actually suffered by you or a third party.

14. Modification, Suspension, or Terminatin of UDRIVERS

14.1

 The Company may, in its sole and absolute discretion, update, add to, revise, delete, change, alter, rearrange, suspend, substitute, or otherwise amend all or any portion of UDRIVERS with or without notice of any kind.

14.2

 The Company may, in its sole and absolute discretion, suspend, terminate, or cease to provide access to all or any portion of UDRIVERS, its services, contents and information.

14.3

 The Company shall not be liable for any loss suffered by you arising from any steps or measures taken by the Company in accordance with this Clause 14.

15. Termination of Use of UDRIVERS

15.1

You may terminate the use of UDRIVERS at any time by ceasing to use, uninstalling, or deleting UDRIVERS.

15.2

 If you terminate the use of UDRIVERS, the Company may retain your account particulars for a minimum of thirty (30) calendar days and you may be able to restore and recover your account during these thirty (30) calendar days. Notwithstanding the forgoing, you agree that the Company is under no obligation to provide you with any assistance to restore or recover your account if you terminate the use of UDRIVERS and you will be unable to use or access the contents or information obtained or accumulated through prior use of UDRIVERS.

15.3

 Termination of your use of UDRIVERS shall not release you from any surviving obligations or liabilities owed to the Company or any third party under these Terms, including but not limited to any indemnification or hold harmless obligation arising from any such prior use.

16. Termination of Use of UDRIVERS

16.1

 No Assignment

16.2

 You shall not assign or grant any security interest over any of your rights or obligations as a User or Business under UDRIVERS without the consent of the Company.

17. Governing Law and Jurisdiction

17.1

 These Terms shall be governed by the laws of Singapore.

17.2

 All disputes arising from or in connection with UDRIVERS or these Terms shall be subject to the exclusive jurisdiction of the Singapore courts.

User Terms & Conditions

These User Terms & Conditions (“User T&Cs“) are part of and supplemental to the UDRIVERS APPLICATION TERMS OF USE. These User T&Cs shall apply to you as a “User” if you are using UDRIVERS in your personal capacity and not for any business or commercial purpose.

1. Use of UDRIVERS

1.1

 You agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the use of UDRIVERS, as well as any amendments to the aforementioned, issued by the Company, from time to time. The Company may, from time to time and at its sole discretion, update, revise, alter, or otherwise amend all or any portion of these User T&Cs at any time, with or without prior notice. In such an event, the amended terms will be made available on UDRIVERS, a Company-operated website, an affiliated company website, or other such place as the Company deems appropriate.

2. User Particulars

2.1

 In order to use UDRIVERS, fields marked with an asterisk (*) must be filled in with accurate and up-to-date information.

2.2

 Particulars in other fields and additional information are generally optional but are required if you wish to use additional features of UDRIVERS.

2.3

 You acknowledge and agree that by providing your particulars you are consenting to the Company using these particulars and information to improve its provision of existing services to you as well as to study and develop new services that may be of interest to you.

3. Vehicle Service Requests

3.1

 In order to submit a Vehicle Service Request you must have the following particulars registered to your account in UDRIVERS for at least one vehicle registered in your name:

(a)

 Vehicle Make

(b)

 Vehicle Model and Year

(c)

 Vehicle registration number

3.2

 Each Vehicle Service Request must include the following:

(a)

 Description of the issue with sufficient information to allow Businesses to make an assessment.

(b)

 Photographs, or audio or video recording of the issue where applicable.

3.3

 Each Vehicle Service Request shall remain open for response by Businesses for the period you specify up to a maximum of seven (7) calendar days. You acknowledge and agree that Vehicle Service Requests may not receive any responses from Businesses. You further acknowledge and agree that the Company is under no obligation or liability to you to respond or procure responses to you Vehicle Service Requests.

3.4

 Any service or work done or parts supplied, including any warranties on performance and quality, pursuant to a Vehicle Service Request shall be governed by agreements to be entered solely between you and the respective Business.

3.5

 You acknowledge and agree that in entering into any agreement with a Business pursuant to a Vehicle Service Request:

(a)

 you have not relied on any term, condition, warranty, undertaking, inducement or representation made by or on behalf of any Business in any document including any catalogues or publicity material produced by the Company; and

(b)

 the Company does not make or imply any condition nor is any warranty given or to be implied as to the performance or quality of service or work done, or parts supplied by the respective Business.

4. Business Rating

4.1

 Upon the completion of a Vehicle Service Request, you may rate and review the quality of service provided by the Business provided that your review does not contain any content that is in the Company’s absolute opinion illegal, criminal, immoral, inappropriate, hateful, obscene, defamatory, offensive, violent, abusive, political, religious, infringing or disrespectful in nature, and does not consist of or contain software viruses, solicitation or constitutes any form of “spam”.

4.2

 In rating and reviewing a Business, you grant the Company a non-exclusive licence to use the materials or information that you submit to and/or provide to the Company, including but not limited to reviews, comments, and suggestions (collectively, “Submissions”). You also grant the Company the right to use your username in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead the Company or third parties as to the origin of any Submissions.

4.3

 The Company may, but is not obligated to, publish, remove, or edit any review.

4.4

 You acknowledge and agree that:

(a)

 the ratings and reviews of you are submitted by the User;

(b)

 the Company makes no representation or warranty on the accuracy of these ratings by any User; and

(b)

 the Company is not responsible or liable for any rating or review by any User.

5. User Rating

5.1

 Upon the completion of a Vehicle Service Request, the Business may rate and review you as a User.

5.2

 You acknowledge and agree that:

(a)

 the ratings and reviews of you are submitted by the Businesses;

(b)

the Company makes no representation or warranty on the accuracy of these ratings by any Business; and

(b)

 the Company is not responsible or liable for any rating or review by any Business.

6. User and Business Dispute Resolution

6.1

 You should resolve any dispute or complaint in relation to a Vehicle Service Request directly with the Business.

6.2

 In the event that you are unable to resolve any dispute with the Business directly, the Company may but is not obliged to suggest and implement an appropriate resolution at its sole discretion.

7. Additional Services

7.1

 The Company may in its sole discretion provide, continue to provide, or cease to provide access to third party content and services via UDRIVERS for your convenience. You acknowledge and agree that the Company has no obligation to provide or continue to provide access.

7.2

 You acknowledge and agree that the Company has no obligation to pre-screen information, data, text, music, sound, photographs, videos and other materials by third parties (“Third Party Content“) made available via UDRIVERS, although the Company reserves the right in its sole discretion to pre-screen, refuse or remove any Third Party Content. In the event that the Company pre-screens, refuses or removes any Third Party Content, you acknowledge that the Company will do so for the Company’s benefit, not yours. Without limiting the foregoing, the Company shall have the right to remove any Third Party Content that violates the Terms or is otherwise objectionable.

7.3

 The Company may provide functionality for you to upload content or information to UDRIVERS for your convenience.

7.4

 You hereby warrant and represent that the content or information that you upload does not contain any content that is in the Company’s absolute opinion illegal, criminal, immoral, inappropriate, hateful, obscene, defamatory, offensive, violent, abusive, political, religious, infringing or disrespectful in nature, and does not consist of or contain software viruses, solicitation or constitutes any form of “spam”.

8. Limitation of Liability

8.1

 Notwithstanding any other provision of these User T&Cs, the Company’s maximum cumulative liability to you or to any other party for all losses under, arising out of or relating to the use of UDRIVERS will not exceed the sums that you have paid to the Company in your use of UDRIVERS.

8.2

 The Company shall not be liable to you for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with any service, work or parts that you may obtain through your use of UDRIVERS.

9. Indemnity

9.1

 You agree to indemnify and hold the Company, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “Company Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) your use of, or inability to use, UDRIVERS; (b) your violation of the Terms; or (c) your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses. You agree that the provisions in this Clause 9 will survive any termination of your account, the Terms, the User T&Cs, or your access to UDRIVERS.

Effective date: 1 August 2020

last updated: 11 August 2020